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State of Uttar Pradesh - Act

The U.P. Directorate of Geology and Mining Ministerial Service Rules, 1978

UTTAR PRADESH
India

The U.P. Directorate of Geology and Mining Ministerial Service Rules, 1978

Rule THE-U-P-DIRECTORATE-OF-GEOLOGY-AND-MINING-MINISTERIAL-SERVICE-RULES-1978 of 1978

Published on 1 January 1962
Commenced on 1 January 1962
[This is the version of this document from 1 January 1962.]
[Note: The original publication document is not available and this content could not be verified.]

The U.P. Directorate of Geology and Mining Ministerial Service Rules, 1978Published vide Notification No. 140/18-12-3 (38)-77, dated December 6, 1978

1. Short title an commencement.

(1)These rules may be called the Uttar Pradesh Directorate of Geology and Mining Ministerial Service Rules, 1978.

(2)They shall come into force at once.

2. Status of the Service.

- The Uttar Pradesh Directorate of Geology and Mining Ministerial Service comprises Group 'C' posts.

3. Definitions.

- In these rules, unless there is anything repugnant in the subject or context,-

(a)'appointing authority' means the Director of Geology and Mining Uttar Pradesh;

(b)'Circle Office' means a subordinate office situated in other district of the State ;

(c)'Citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution ;

(d)'Constitution' means the Constitution of India ;

(e)'Departmental Candidate' means a candidate who is already working in the department in a regular pay scale;

(f)'Director' means the Director, Geology and Mining, Uttar Pradesh ;

(g)'Government' means the State Government of Uttar Pradesh ;

(h)'Governor' means the Governor of Uttar Pradesh ;

(i)'Member of Service' means a person appointed in a substantive capacity under these rules or the rules or order in force prior to the commencement of these rules to post in the cadre of the service;

(j)'Service' means the Uttar Pradesh Directorate of Geology and Mining Ministerial Service;

(k)'Year of recruitment' means the period of twelve months commencing from the first day of July of a calendar year.

Part II – Cadre

4. Cadre of Service.

(1)The strength of the service and of each category of post therein shall be such as may be determined by the Governor from time to time.

(2)The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1) be as given in Appendix 'A'.Provided that-

(1)the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation; and

(2)the Governor may create such additional, permanent or temporary posts as he may consider proper.

Part III – Recruitment

5. Source of recruitment.

- Recruitment to the various categories of posts in the service shall be made from the following sources-

	Name of Post	Source of recruitment
(a)	Superintendent Accounts	By promotion on the basis of seniority subject to therejection of the unfit, from amongst permanent StoreSuperintendents, Office Superintendents, Head Clerk, having atleast 10 years of experience in ministerial/stores/accountswork.
(b)	Stores Superintendent	By promotion on the basis of seniority subject to therejection of the unfit from amongst permanent OfficeSuperintendents, Head Clerks and Senior Accountants having atleast seven years of experience in ministerial/accounts/storesworks.
(c)	Office Superintendent	By promotion on the basis of seniority subject to therejection of the unfit from amongst permanent Head Clerks andSenior Accountants having at least seven years of experience inministerial/accounts/stores work.
(d)	Head Clerk	By promotion on the basis of seniority subject to therejection of the unfit from amongst permanent SeniorAccountants, Senior Clerk-cum-Typists, Accountants, StoreKeepers, Noter and Drafters having at least five years ofexperience in ministerial/accounts/stores work.
(e)	Senior Accountant	By promotion on the basis of seniority subject to therejection of the unfit from amongst permanent Senior Clerks,Senior Clerk-Cum-Typist, Accountants, Store Keepers, Noter andDrafter having at least five years of experience inministerial/accounts/stores work.
(f)	Accountants/Senior Clerks/Store Keepers/Noter andDrafters/Senior Clerks-cum-Typist.	By promotion on the basis of seniority subject to therejection of the unfit from amongst permanent Clerks, AccountsClerk, Drilling Stores Clerks, Assistant Store Keepers, CampClerk, Moharrirs, Clerks (Typist) and Typists.
(g)	Clerics, Accounts Clerks, Drilling Store Clerks, AssistantStore Keepers, Camp Clerks, Moharrirs, Clerks (Typist) andTypists.	By Direct recruitment, in accordance with Subordinate OfficeMinisterial Staff (Direct Recruitment) Rules, 1975.
(h)	Stenographer	By direct recruitment.

6. Reservation.

- Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment.Note. - Copies of the Government orders in force at the time of commencement of these rules are given in Appendix 'B'.

Part IV – Qualification

7. Nationality.

- A candidate for direct recruitment to a post in the service must be:

(a)A citizen of India ; or

(b)A Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India ; or

(c)A person of Indian origin who has migrated from Pakistan, Burma, Ceylon or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika an Zanzibar) with the intention of permanently settling in India :

Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year, shall be subject to his acquiring Indian citizenship.Note. - A candidate in whose case a certificate of eligibility is necessary, but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.

8. Academic qualification.

- A candidate for direct recruitment to the various posts in the service must possess the following qualifications :

1.	Junior grade clerks	Qualification
	Clerks, Clerk (typist) Drilling Stores Clerks, Typist,Assistant Store Keepers, Accounts Clerks, Camp Clerks andMoharrirs.		The educational qualifications laid down in the SubordinateOffice Ministerial Staff (Direct Recruitment) Rules, 1975.
2.	Stenographer	(i) Intermediate from the U.P. Board of High School andIntermediate Education or equivalent qualification recognised bythe Government.
		(ii) Must possess knowledge of Hindi shorthand and typewritingwith minimum speed of 80 words and 30 words respectively.

9. Preferential Qualifications.

- (i) A candidate who has served in the Territorial Army for a minimum period of two years;orobtained a 'B' certificate of National Cadet Crops, shall, other things being equal, be given preference in the matter of direct recruitment.

10. Age.

- (i) A candidate for direct recruitment to the posts to which recruitment is to be made in accordance with the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1976 must be within the age limit laid down in the said Rule.

(ii)A candidate for direct recruitment to a post not covered by sub-rule (1) must have attained the age of 21 years and must not have attained the age of more than 27 years on January 1 of the year in which recruitment is to be made, if the posts are advertised during the period January 1 to June 30 and on July 1 if the posts are advertised during the period July 1 to December 31 :

Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.Note. - Copies by the Government Orders regarding relaxation of age in force at the commencement of these rules as given in Appendix 'C'.

11. Character.

- The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.Note. - Persons dismissed by the Union Government or by a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union-Government or a State Government shall be ineligible for appointment to a post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible.

12. Marital Status.

- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service:Provided that the Governor may if satisfied that there exist special grounds for doing so exempt any person form the operation of this rule.

13. Physical fitness.

- No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment, he shall be required to produce a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10 and contained in Chapter III of the Financial Hand Book, Volume II, Parts II to IV:Provided that medical certificate of fitness shall not be required from a candidate recruited by promotion.

Part V – Procedure for Recruitment

14. Determination of vacancies.

- The appointing authority shall determine the number of vacancies to be filled during the course of the year, as also the number of vacancies to be reserved for candidate belonging to scheduled caste, scheduled tribes and other categories, under rule 6. He shall intimate the vacancies in the posts to which recruitment is to be made in accordance with the Subordinate Office Ministerial Staff (Direct Recruitment) Rules, 1975 to the District Selection Committee and in respect of the other post of Stenographer to be filled by direct recruitment to the Employment Exchange in accordance with Rules or orders for the time being in force.

15. Procedure for direct recruitment.

(1)For the purpose of recruitment on such posts e.g. Stenographer, which is outside the purview of the commission there shall be constituted a selection committee comprising of-

(i)Joint Director,

(ii)Deputy Director nominated by the Director,

(iii)Any other concerned officer nominated by the Director.

(2)The selection committee shall scrutinize the applications and require the eligible candidate to appear in a competitive test and/or in interview.Note. - The syllabus and procedure for competitive test is given in Appendix 'D'.

(3)After the marks obtained by the candidates in the written test have been tabulated, the Selection Committee shall, having regard to the need for securing due representation of the candidate belonging to Scheduled Caste, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates as, on the results of the written examination, have come up to the standard fixed by the Committee in this respect. The marks awarded to each candidate in the interview shall be added to the marks obtained by him in the written test.

(4)The Selection Committee shall prepare a list of candidates in order of merit, as disclosed by aggregate of marks obtained by them in the test and interview as disclosed by the marks obtained in the interview. If two or more candidates obtained equal marks, the candidates obtaining higher marks in the test shall be placed higher/the Selection Committee shall arrange their names in order of merit on the basis of their general suitability for the post The number of the names in the list shall be larger but not larger by more than 25 per cent of the vacancies.

16. Procedure for recruitment by promotion.

(1)Recruitment by promotion shall be made on the basis of merit/seniority, subject to the rejection of unfit through the Selection Committee constituted under Rule 15.

(2)The appointing authority shall prepare an eligibility list to the candidates, arranged in order of seniority, and place it before the Selection Committee along with their character rolls and such other records pertaining to them as may be considered proper.

(3)The Selection Committee shall consider the cases of candidates on the basis of records, referred to in sub-rule (2) and, if it considers necessary, it may interview and/or take test of the candidates also.

(4)The Selection Committee shall prepare a list of selected candidates arranged in order seniority and forward the same to the appointing authority.

17. Fees.

- For direct recruitment the candidates shall have to deposit the prescribed fees, to be decided by the Governor from time to time. The fees shall be non-refundable.Note. - The fees as prescribed in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 in force at present would be Rs. 2 for general candidates and Rs. 0.50 for Scheduled Castes and Schedules Tribes candidates.

Part VI – Appointment, Probation, Confirmation and Seniority

18. Appointment.

(1)On the occurrence of substantive vacancies, the appointing authority shall make appointment by taking candidates in the order in which they stand in the list prepared under Rules 15 and 16, as the case may be.

(2)The appointing authority may make appointments in temporary and officiating vacancies also from the lists, referred to in sub-rule (1).If no candidate born on these lists is available he may make appointment in such vacancies from persons eligible for appointment under these rules provided that the period of such appointment shall not exceed six months.

19. Probation.

(1)A person on appointment to a post in the service in or against a substantive vacancy shall be placed on probation for a period of two years.

(2)The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted:Provided that save in exceptional circumstances the period of probation may not be extended beyond one year and, in no case, beyond two years.

(3)If it appears to the appointing authority at any time during or at the end of the period of probation that a probationer has otherwise failed to give satisfaction he may be reverted to substantive post, if any, and if he does not hold a lien on any post, his services any be dispensed with.

(4)A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.

(5)The appointing authority may allow continuous service rendered in an officiating or temporary capacity in an equivalent or higher post included in the cadre of the service, to be taken into account for the purpose of computing the period of probation-

20. Confirmation.

- A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if:-

(a)his work and conduct is reported to be satisfactory,

(b)his integrity is certified, and

(c)the appointing authority is satisfied that he is otherwise fit for confirmation.

21. Seniority.

- Seniority in any category of posts in the service shall be determined from the date of substantive appointment and if two or more persons are appointed together, from the order in which their names are arranged in the appointment order:Provided that-

(1)the inter se seniority of persons directly appointed to the service shall be the same as determined at the time of selection;

(2)the inter se seniority of persons appointed to the service by promotion shall be the same as it was in the substantive posts held by them at the time of promotion.Note. - A candidate recruited directly may lose his seniority if he fails to join without valid reason when a vacancy is offered to him. The decision of the appointing authority as to the validity of the reasons will be final.

Part VII – Pay

22. Scale of pay.

(1)The scales of pay admissible to persons appointed to the various categories of posts in the service, whether in a substantive or officiating capacity or as a temporary measure, shall be such as may be determined by the Government from time to time.

(2)The scale of pay at the time of the commencement of these rules are as follows:

Serial No.	Name of post	Pay Scale (in rupees)*
1	2	3
1.	Superintendent Accounts.	Rs. 400-15-475-E.B.-20-575 E.B.-25-750.
2.	Store Superintendent	Rs. 325-10-375-E.B.-12-495-E.B.-16-575.
3.	Office Superintendent	Rs. 400-15-475-E.B.-15-550.
4.	Stenographer	(i) Rs. 300-8-324-9-360-E.B.-10-440-E.B.-12-500 (For one postof stenographer attached to Director only).
		(ii) Rs. 250-7-285-E.B.-9-375-E.B.-10-425.
5.	Head Cleric	Rs. 280-8-296-9-350-E.B.-10-400-E.B.-12-460.
6.	Senior Accountant	Rs. 250-7-285-E.B.-9-375-E.B.-10-425.
7.	Accountant	Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
8.	Senior Clerk	Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
9.	Noter Drafter	Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
10.	Store Keeper	Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
11.	Senior Clerk-cum-typist.	Rs. 230-6-290-E.B.-9-335-E.B.-10-385.
12.	Clerk	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
13.	Clerk (typist)	Rs. 200-5-205-E.B.-6-280-E.B.-8-320.
14.	Accounts Clerk	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
15.	Drilling Stores Clerk	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
16.	Asstt. Stores Keeper	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
17.	Camp Clerk	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
18.	Moharrir	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.
19.	Typist	Rs. 200-5-250-E.B.-6-280-E.B.-8-320.

* For Latest Pay Scale please see current G.O.

23. Pay during probation.

(1)Notwithstanding any provisions in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, and second increment after two years service when he has completed the probationary period and is also confirmed :Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.

(2)The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules :Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall no count for increment unless appointing authority direct otherwise.

(3)The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servants generally I serving in connection with the affairs of the State.

24. Criterion for crossing efficiency bar.

- No person shall be allowed to cross -

(i)the first efficiency bar unless he has earned at least one entry of 'good' category without getting any adverse entry during the 3 years preceding the years of efficiency bar crossing;

(ii)the second efficiency bar unless he has earned at least two entries of 'good' category without getting any adverse entry during the 4 years preceding two years of efficiency bar crossing:

Provided that besides the above, in respect of the posts of Superintendent Accounts, Office Superintendent, Store Superintendent and Head Clerk, the incumbents should have shown capacity of exercising effective control over the staff working under him, and that I in respect of all other posts, excluding Senior Clerk-cum-typist and typist, the incumbents must have shown knowledge of Hindi Typewriting with a minimum speed of 20 words per minute. The incumbents of the posts of Senior Clerk-cum-typist and typist must maintain a minimum speed of 30 words in Hindi typewriting.

Part VIII – Other Provisions

25. Canvassing.

- No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.

26. Regulation of other matters.

- In regard to the matters not specifically covered by these rules or by special orders, person appointed to the service shall be governed by the rules, regulations and orders applicable generally the Government servants serving in connection with the affairs of the State.

27. Relaxation from the conditions of service.

- Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service cause undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.Appendix 'A'[See Rule 4 (2)]

Sl. No.	Name of post	Total No. of posts	Total
Permanent	Temporary
1	2	3	4	5
1.	Superintendent Accounts	1	...	1
2.	Store Superintendent	1	...	1
3.	Office Superintendent	1	...	1
4.	Stenographer	3	1	4
5.	Head Clerk	2	...	2
6.	Senior Accountant	1	...	1
7.	Accountant	6	2	8
8.	Senior Clerk	6	1	7
9.	Noter and Drafter	2	1	3
10.	Senior Clerk-cum-typist	6	1	7
11.	Store Keeper	3	2	5
12.	Clerk	4	1	5
13.	Clerk (typist)	1	...	1
14.	Account Clerk	1	...	1
15.	Drilling Stores Keepers	1	...	1
16.	AsstL Stores Keepers	2	...	2
17.	Camp Clerk	...	8	8
18.	Moharrir	...	9	9
19.	Typist	1	2	3

Appendix 'B'Syllabus for Test of StenographersThe subject of the test and the maximum marks on each subject shall be as follows:

1.	Shorthand and typing (Hindi)	...	...	100 Marks
2.	Hindi Composition	...	...	50 Marks
3.	Interview	...	...	50 Marks

2. The test in shorthand will consist of dictation of a passage in Hindi for five minutes at the speed of 80 words per minute. One hour will be allowed for transcribing and typing the shorthand record of dictation. The passage will be selected with a view to testing the candidates not only in their speed in shorthand but also in their knowledge of good and idiomatic Hindi. No candidate will be considered to have qualified for employment whose percentage of errors exceeds 5 in the test.

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State of Uttar Pradesh - Act